REPORTED JUDGMENTS AT A GLANCE March 2020
Assaulting, threatening and using filthy language for senior official will justify workman’s dismissal. Mad. HC 277
Accident compensation will be payable on death due to snake bite while on duty. Bom. HC 285
Any director/officer can be prosecuted only when company is also a party as accused. Mad. HC 275
If misconduct is not proved, penalty can’t be imposed on the basis of past record. D.T.C. vs. Krishna Bahal, Del. HC 246
Termination of services for non compliance of transfer, without enquiry, is not sustainable. Mad. HC 282
Dismissal from service is justified when employment is obtained on basis of bogus certificate. Mad. HC 268
Principal employer shall pay if the contractor fails to pay wages to his workers. Cal. HC 266
Dismissal justified when the employee is held guilty of accepting gratification. Supreme Court 238
All employees regardless of casuals, ad hoc, part-time or daily wagers are entitled to gratuity. Del. HC 250
Dismissal from service for disruption of work for one hour is liable to be set aside. Supreme Court 237
Police will ensure the proper flow of ingress and egress of men and material necessary for proper functioning of a factory. Karn. HC 275
Reinstatement justified when retrenchment compensation and one-month notice is not paid on termination. Del. HC 248
Enquiry, if not possible due to tough opposition by a union, can be held by Labour Court. Mad. HC 277
Probationer has no right to be regularised against the wishes of the Management. Del. HC 242
Termination of a probationer should be by a simple order. Raj. HC 273
When an enquiry is held fair and proper, punishment can’t be modified by Labour Court. MP HC 258
If an unauthorized absence is due to compelling circumstances, termination is not justified. Bom. HC 253
Enquiry Officer is not always bound by the judgment of the criminal court. Supreme Court 238
Nominee of the principal employer has to ensure that the contractor pays wages to his workers. Cal. HC 266
An employer has to start evidence in an enquiry. Bom. HC 253
Labour Court can determine lump sum compensation in lieu of reinstatement and back wages. Del. HC 248
Unless prescribed, the maximum period of probation may be reasonably extended. Del. HC 242
Labour Court will interfere in punishment only when it is shockingly disproportionate. Mad. HC 277
Merely because of one or two activities were supervisory in nature, the workman could not be termed a non-workman. Mad. HC 282
Disputed question of facts cannot be resolved in writ petition. Raj. HC 273
Burden to prove the unauthorized absence is upon management. Bom. HC 253
Reinstatement with back wages is justified when the enquiry is vitiated. Supreme Court 237
EMPLOYEES’ PROVIDENT FUNDS & MP ACT
Trainees when working as regular employees will be treated as employees for the EPF Act. Mad. HC 307
No coercive step be taken for recovery of dues till the disposal of the review application. Mad. HC 337
Functional or financial integrality is the main factor for clubbing of two units. Mad. HC 322
Recovery proceedings not to be initiated until the prescribed time for filing appeal has expired. Mad. HC 338, Mad. HC 351
No benefit of provident fund for those who have already superannuated, expired or resigned. Supreme Court 289
Coercive steps for recovery of EPF dues despite the pendency of stay application is not tenable. Ker. HC 342
Employees have the first charge over the properties of the defaulter company for recovery of EPF dues. Mad. HC 328
Delay beyond 120 days is not extendable either by the Tribunal or even by the High Court. Del. HC 297
Mere common ownership of new establishment is not a necessary factor for clubbing. Mad. HC 322
Payment by installments can be allowed if the employer is facing financial difficulties. Ker. HC 340, 341, 343, 350; Mad. HC 336, 326, 326
EPF Authorities are not empowered to initiate any action directly against the Bank. Mad. HC 328
Any amendment to the Scheme, beneficial to employees shall be automatically applicable. Del. HC 300
Burden to prove functional integrality between two companies is upon EPF Authority. Mad. HC 322
Tribunal can allow time for filing appeal up to 60 days beyond first 60 days. Mad. HC 307
Staying of recovery order is justified in view of sickness of the Company for a long time. Jhar. HC 349
Once any claim is received under Pension Scheme, the certificate would be required. Guj. HC 345
Limitation of 60 days in filing an appeal is extendable by the Tribunal on account of sufficient cause of delay. Del. HC 297
Questions of merit to be decided by EPF authority and not in the writ petition. Mad. HC 327
Trainees to be treated as regular employees, if not under Apprentices Act or Standing Orders. Mad. HC 307
Contractual employees not entitled to be covered under the PF Trust created by the Company. Supreme Court 289
Insisting payment within a shorter time before the expiry of the limitation period for appeal would defeat the very purpose of filing appeal. Mad. HC 338
High Court can grant interim stay for recovery if the EPF Tribunal is not functioning. P&H HC 348
If the petitioner has already remitted a heavy amount on interest, further recovery can be stayed. Jhar. HC 349
Contractual employees are entitled to the benefits of PF Trust from the filing of their writ petition. Supreme Court 289
EPF Scheme provides that relaxation is liable for withdrawal for breach of any condition. Del. HC 300
Dispute between bank and defaulter company has no connection with the settlement of EPF dues. Mad. HC 328
Writ petition without exhausting the statutory remedy of appeal is not maintainable. Mad. HC 307
Para 27 of the Scheme provides that appropriate Government may lay down any further condition for continued exemption. Mad. HC 300
Courtesty Labour Law Reporter
